State Laws

Arizona DUI Laws

     

After an individual has been arrested he or she only has fifteen days to request a MVD hearing that will defend his or her driver's license. The state of Arizona has a driving under the influence charge known as an extreme DUI offense. This kind of offense can be made if an individual has a blood alcohol content level above 0.15 percent within the two hours of driving a motor vehicle. Normally DUIs are produced when individuals are operating a motor vehicle with a blood alcohol content percentage of 0.08 percent or higher. At times charges can be given under this percentage if the individual has or is likely to endanger others.

DWIs and DUIs are usually classified as misdemeanors in Arizona. Some circumstances will advance drunk driving convictions to felony convictions. This can happen if an individual has two or more prior DUI convictions in a span of five years before a current conviction, if an individual received a DUI charge while having his or her driver's license revoked or suspended, or if a minor under fifteen years of age was in the motor vehicle while the offense took place.

Minors Driving Under the Influence
Some states set driving under the influence offenses for minors to begin at a blood alcohol content percentage of 0.02, but Arizona has no tolerance laws instead. Those under twenty-one will have driving while intoxicated or driving under the influence charges against them if found to be driving with any blood alcohol content percentage. Because of this Arizona has recently developed new consequences for minor drunk driving. The individual will have his or her driver's license suspended for varied time limits and other possible consequences based on the circumstances.

Arizona DUI Consequences
All DUI cases in Arizona are tried by a six-people jury. An individual may waive his or her jury trial rights and submit to a trial by a judge. Through the court an individual may be convicted according to the number of prior offenses, if any, and the current circumstances of the DUI case. Which kind of drunk driving charge stands and an individual's criminal history will play a role in his or her consequences.

Despite the kind of DUI conviction, an individual will nearly always have his or her driver's license suspended. Punishments can include thousands of dollars in fines and jail time anywhere from a few days to several months.

An individual may resist a blood alcohol content test, but his or her driver's license will subsequently suspended for a minimum of one year upon a refusal or two years for a second refusal in a five-year time span. Punishments for extreme DUI charges are heavier than ordinary DUI charges.

DUI Convictions
At times DUI offenses are difficult to convict because of the case's circumstances. In court a prosecutor will have to prove that the individual was impaired while driving for a DUI offense. If no proof can be shown, the case can be dismissed. Driving while intoxicated charges are based on blood alcohol content percentages. If an individual's blood alcohol content level exceeds the legal limit then he or she will almost always be convicted.

See also:
Arizona Gun Laws
Arizona Bankruptcy
Arizona Divorce
Arizona Expungement External link (opens in new window)
Arizona Felony External link (opens in new window)
Arizona Misdemeanor External link (opens in new window)